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Mintosman

K1 Visa while Fiance is here in the USA

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Good morning,

If I were to propose to my girlfriend while she was here in America, could she stay here in the USA (not more than 6 mo) with me until we get word that our case is moving forward? The idea is that she has a B1/B2 Visa so I want her to come and meet my kids first. We have decided K1 works best due to her children's ages. So I was hoping she could be with me while we wait for the first few months to hear about our case. She would then go back to her country and we would finish the process there.

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10 minutes ago, Mintosman said:

Good morning,

If I were to propose to my girlfriend while she was here in America, could she stay here in the USA (not more than 6 mo) with me until we get word that our case is moving forward? The idea is that she has a B1/B2 Visa so I want her to come and meet my kids first. We have decided K1 works best due to her children's ages. So I was hoping she could be with me while we wait for the first few months to hear about our case. She would then go back to her country and we would finish the process there.

Yes you can file the petition while she is here in the USA


YMMV

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My fiance works on board cruise ships and is here on a C/D1 visa. I get to see him when he docks in port as the ship he was assigned is an hour away from where I live. We haven't had any problems :) Enjoy your time together!


06/26/18  -  I-129F sent to CSC

06/28/18  -  USCIS signed for I-129F

07/03/18  -  NOA1 hard copy

12/03/18  -  NOA2 electronic

12/10/18  -  NOA2 hard copy

12/14/18  -  NVC received case

12/19/18  -  NVC issued case number

01/08/19  -  NVC in transit

01/10/19  -  Case received at Mumbai Embassy

      TBD     -   Interview Date

 

❤️ From Worlds Apart... to a Lifetime Together!! ❤️

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20 minutes ago, Mintosman said:

Good morning,

If I were to propose to my girlfriend while she was here in America, could she stay here in the USA (not more than 6 mo) with me until we get word that our case is moving forward? The idea is that she has a B1/B2 Visa so I want her to come and meet my kids first. We have decided K1 works best due to her children's ages. So I was hoping she could be with me while we wait for the first few months to hear about our case. She would then go back to her country and we would finish the process there.

6 months is not guaranteed.  Her authorized stay will be determined by the CBP officer upon arrival.  She can even return & visit DURING the K-1 process, if allowed to enter by the CBPO.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
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  • I-130 NOA1 : 4/27/2016
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  • Case # and IIN#: 10/24/2016
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6 minutes ago, payxibka said:

Yes you can file the petition while she is here in the USA

Thanks. Next question is a little convoluted but I wanted some clarification.

 

Some specifics:

my fiance will have an 18yr old child first part of next year. (therefore our 1st choice of a CR1 - Foreign wedding is not available) is that correct?

 

If we went the route of getting married here (highly unlikely). Because she will have an 18yr old child, I assume it would take years to bring the oldest and her two younger children over via I-130. Is that correct? if so, does anyone know the length of time this is taking?

 

My thoughts are K1 is the cleanest and easiest.

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20 minutes ago, Mintosman said:

Good morning,

If I were to propose to my girlfriend while she was here in America, could she stay here in the USA (not more than 6 mo) with me until we get word that our case is moving forward? The idea is that she has a B1/B2 Visa so I want her to come and meet my kids first. We have decided K1 works best due to her children's ages. So I was hoping she could be with me while we wait for the first few months to hear about our case. She would then go back to her country and we would finish the process there.

you can always file as long as you meet the meeting requirements, it will be up to CBP on to how much time they will allow her in the USA, it could be a week it could be 2 it could be 1 month or more.

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2 minutes ago, Mintosman said:

Thanks. Next question is a little convoluted but I wanted some clarification.

 

Some specifics:

my fiance will have an 18yr old child first part of next year. (therefore our 1st choice of a CR1 - Foreign wedding is not available) is that correct?

 

If we went the route of getting married here (highly unlikely). Because she will have an 18yr old child, I assume it would take years to bring the oldest and her two younger children over via I-130. Is that correct? if so, does anyone know the length of time this is taking?

 

My thoughts are K1 is the cleanest and easiest.

honestly if you know your going to get married, I would do it as soon as possible, it is by far the better visa, you could get married in USA as long as she travels back out to complete the process she can come in to visit at any time, and from my understanding you can do I-130 for the children as well.

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What are all of the ages of the children.    And based on your other posts she has to be divorced in order for you to file K1 or CR1


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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9 minutes ago, Mintosman said:

Thanks. Next question is a little convoluted but I wanted some clarification.

 

Some specifics:

my fiance will have an 18yr old child first part of next year. (therefore our 1st choice of a CR1 - Foreign wedding is not available) is that correct?

 

If we went the route of getting married here (highly unlikely). Because she will have an 18yr old child, I assume it would take years to bring the oldest and her two younger children over via I-130. Is that correct? if so, does anyone know the length of time this is taking?

 

My thoughts are K1 is the cleanest and easiest.

The stepparent/stepchild relationship with the USC needs to be created before the child is 18 or the path and time in the process goes up exponentially


YMMV

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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So she is divorced now? Unless the divorce has been finalized, you won’t be applying for any visa for her to come here to live. 

 

You can’t apply for a K-1 in anticipation of a divorce being finalized in the future, both applicants have to be legally free to marry at the time the petition is submitted. 

 

Your initial plan was good - travel back and forth for a few years getting to know each other better before filing. Why the sudden rush? 

Edited by JFH

 

 

 

 

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On 12/28/2018 at 6:42 AM, Mintosman said:

Good morning,

If I were to propose to my girlfriend while she was here in America, could she stay here in the USA (not more than 6 mo) with me until we get word that our case is moving forward? The idea is that she has a B1/B2 Visa so I want her to come and meet my kids first. We have decided K1 works best due to her children's ages. So I was hoping she could be with me while we wait for the first few months to hear about our case. She would then go back to her country and we would finish the process there.

Isn't your girlfriend currently still married?

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